06-062 (9) COMMONWEAI,TIIOFMASSACHUS,cPPS
-/ EXECUTIVE OFFICE OF ENERGY& ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
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WESTERN REGIONAL OFFICE
436 Dwight Street•Speingteld,Massachusetts 01103• (413)784.1100
DEVAL L PATRICK IAN A BOWLES
Covarnor Secretary
TIMOTHY P.MURRAY LAURIE BURT
Lieutenant Governor Commissioner
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September 21,2007 -----
Mr.Patrick Melnik,Esq. 5L, 2 2007 _
Melnik Law Offices RE: Beaver Brook Estates
110 King Street
Northampton,MA 01060 ` i1
Dear Mr.Melnik:
The Massachusetts Department of Environmental Protection(MassDEP or Department)is in receipt of a
September 7,2007 letter from the Northampton Board of Assessors specific to Beaver Brook Estates.
Within the letter,the Board provides notice that,for tax purposes,it will be assigning two bedrooms to
each.of the six units that comprise Beaver Brook Estates. In total,the development will include twelve
bedrooms,one below the public water system threshold.
Accordingly,MassDEP fords that Beaver Brook Estates,as assessed by the Northampton Board of
Assessors,will not be a public water system,so long as each unit contains only two bedrooms.
Notice of an increase in the number of bedrooms within any of the six units must be provided to the
Board of Assessors as well as MassDEP. Information on the limitation in the number of bedrooms within
each unit must be disclosed during the trangfer of ownership of any of these units.
Please contact me at(413)755-2148 or Doug Paine at(413)755-2281 with any questions about this
letter,
Respectfully,
�jnw- 9 Ynmrnsrw
h7� e' Cab , n Chief
Drinking Water/Municipal Services
Resource.Protee,tion
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Cc: Northampton Asecaeor.Northampton Board of Health Nmdaarptw Building rasp e-tot
Maser-MVP-Boston
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W:Wry\ws'ie&staDsetns\NONmempton\Mebai anal response 2007-09-21
MU inrormartin iaavnl4bk io alkmaw rormat Call Omura M.Gnaw,ADA Coordinator at 617456-1057.TOD Sonia-1-60F29Yt}07.
DEP en too Work Vide Web: hopJMww.masagovidep
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212 Main Street, Room 306 'L _,;
Northampton, Massachusetts 01060 \
Joan C. Sarafin,Principal Assessor BOARD OF ASSESSORS TELEPHONE
Margo E. Welch, Assessor (413)587-1200 (413) 587-1202
Timothy Fullam, Assessor (413)587-1203 (413) 587-1289 FAX
September 7,2007
Deirdre Cabral, Section Chief
Dept. of Environmental Protection
Western Regional Office
436 Dwight Street
Springfield, MA 01103
Dear Chief Cabral:
This letter is in regard to the Beaver Brook Estates, Haydenville Road Condominium located
at 330 Haydenville Road in the City of Northampton. Three units are currently constructed and three
units will be constructed. The Board of Assessors will tax these condominiums as two bedrooms,
only as long as the third smaller room does not have a closet. I have personally checked the three
condominiums that are constructed and they have two bedrooms. We will assess these
condominiums as two bedroom units. I will be checking out the future three to be constructed. The
Board of Assessors use the same method in counting the bedrooms in houses. This property is seen
on Assessors Map 06, Lot 062, Units 001 through 006.
I hope this will provide the information needed. If not,please feel free to call me.
ne rely,
P-p.Nt)
J C. Sarafin. MAA
Principal Assessor
JCSlnjk
cc: Attorney Patrick Melnik
Anthony Pa llo, Building Commissioner
COMMONWEALTH OF MASSACHUSETTS
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_._,�—1 EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WESTERN REGIONAL OFFICE
436 Dwight Street•Springfield,Massachusetts 01103• (413)981-1100
DEVAL L.PATRICK J IAN A.BO WLES
Governor --- '------ - ,
Secretary
TIMOTHY P.MURRAY SEP2 4 2W] LAURIE BURT
Lieutenant Governor Commissioner
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September 21,Z007--'— +
Mr. Patrick Melnik, Esq.
Melnik Law Offices RE: Beaver Brook Estates
110 King Street
Northampton, MA 01060
Dear Mr. Melnik:
The Massachusetts Department of Environmental Protection(MassDEP or Department) is in receipt of a
September 7,2007 letter from the Northampton Board of Assessors specific to Beaver Brook Estates.
Within the letter,the Board provides notice that,for tax purposes, it will be assigning two bedrooms to
each of the six units that comprise Beaver Brook Estates. In total, the development will include twelve
bedrooms, one below the public water system threshold.
Accordingly,MassDEP finds that Beaver Brook Estates, as assessed by the Northampton Board of
Assessors,will not be a public water system, so long as each unit contains only two bedrooms.
Notice of an increase in the number of bedrooms within any of the six units must be provided to the
Board of Assessors as well as MassDEP. Information on the limitation in the number of bedrooms within
each unit must be disclosed during the transfer of ownership of any of these units.
Please contact me at(413) 755-2148 or Doug Paine at(413) 755-2281 with any questions about this
letter.
Respectfully,
2 Poo,en)w-
rvc eir re Cabref
Drinking Water/Municipal Services
Resource Protection
CC: Northampton Assessor;Northampton Board of Health;Northampton Building Inspector
MassDEP-DWP-Boston
Y\DWPArchive\WERD\Northampton-General-2007-08-27
W-Wrp\ws\RegisterDeclass\Northampton\Mclnik final response 2007-09-2I
This information is available in alternate format.Call Donald M.Comes,ADA Coordinator at 617-556-I057.TDD Service-I-80039S-2207.
DEP on the World Wide Web: hap IIwmv mass.govIdep
el Printed on Recycled Paper
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COMMONWEALTH OF MASSACHUSETTS v�
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_:_S—TL EXECUTIVE OFFICE OF ENERGY& ENVIRONMENTAL AFFAIRS
9 DEPARTMENT OF ENVIRONMENTAL PROTECTION
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1 r - WESTERN REGIONAL OFFICE
436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100
DEVAL L PATRICK IAN A.BOWLES
Governor
Secretary
TIMOTHY P.MURRAY ARISEN O'DONNELL
Lieutenant Governor
Commissioner
July 31,2007
Mr. Patrick Melnik, Esq.
Melnik Law Offices • ��'' - 1 ""
110 King Street
Northampton, MA 01060 -
RE: Beaver Brook Estates •---
Dear Mr. Melnik:
The Massachusetts Department of Environmental Protection (MassDEP or Department)is in
receipt of you June 18 letter describing your proposal for Beaver Brook Estates. This letter
responds to your proposal for this property and to some issues raised in you letter.
The MassDEP did know about the Beaver Brook Estates proposal as it commented on the Mass
Environmental Policy Act submission. Under the original proposal and its project change, only
municipal water is described in the filings. MassDEP and the drinking water program staff were
unaware of any attempt to use on-site wells until this spring when a staff person working in the
area observed the construction activity at this property and later followed up with the City of
Northampton permitting departments.
I understand that your proposal to use deed restrictions is intended to ensure that the facility will
now, and in the future remain below the threshold of a public water system. The Massachusetts
Drinking Water Regulations at 310 CMR 22.02 define a public water system as"a system for the
provision to the public of water for human consumption, through pipes or other constructed
conveyances, if such system has at least 15 service connections or regularly serves an average of
at least 25 individuals daily at least 60 days of the year. Such term includes any collection,
treatment, storage, and distribution facilities tinder control of the operator of such a system and
used primarily in connection with such system, and any collection or pretreatment storage
facilities not under such control which are used primarily in connection with such system. The
Department may presume that a system us a public water system as defined herein based on the
average number of persons using a facility served by the system or on the number of bedrooms
in a residential home or facility..." See also the MassDEP Drinking Water Policy H 88-11
(attached) which further discusses the use of the number of bedrooms in determining whether a
facility is to be regulated as a public water system.
This information is available in alternate format.Call Donald M.Comes,ADA Coordinator at 617-55.6-1057.TDD Service-1-800.398-2207.
DEP on the World Wide Web: httpNwWw.mass.nov/dee
Y:\DWPArchive\W EROW onhamptan-General-Beaver Brook Estates-2007-07-30
C11 Printed on Recycled Paper
In response to your proposal suggestions regarding future use, please note the following: The
Department is not in the position to enforce Deed Restrictions on bedrooms or occupancy
capacity,nor does the Department seek to impose this enforcement responsibility on local
officials. The Department,however, accepts the City and Town Assessor's determinations of the
number of bedrooms to be a valid determination on construction and use.
In summary, of the ideas presented in your proposal, only the possibility that the Assessor
records would exclude the rooms as bedrooms is an acceptable route to ensure the facility
remains below the public water system threshold.
If you have any questions about this matter,please contact me at(413) 755-2148.
Respectfully,
/_ °Lccz ✓cam(
Deirdre Cabral, Section Chief
Drinking water and Municipal Services
Resource Protection
Enclosure
Cc: Northampton Assessor
Northampton Board of Health
Northampton Building Inspector
MassDEP-DWP-Boston
Y:\D WPArchive\W ERO\Northampton-General-Beaver Brook Estates-2007-07-31
W:\brp\ws\RegisterDeclass\Northampton\Melnik proposal response 2007-07-30
i COMMONWEALTH OF MASSACHUSETTS
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EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
_�_= DEPARTMENT OF ENVIRONMENTAL PROTECTION
'e ONE WINTER STREET, BOSTON, MA 02108 617-292-5500
emi
ARGEO PAUL CELLUCCI
BOB DURAND
Governor
Secretary
JANE SWIFT LAUREN A. LISS
Lieutenant Governor Commissioner
Daily Consumption Per Person
(Year 2000 Printing)
Effective Date: 10-8-96 Policy, SOP or Guideline#88-11
Program Applicability:
Supersedes Policy, SOP or Guidance#
Approved by: Arleen O'Donnell
Background and Rationale
Massachusetts Regulation 22.02 defines a public water system as a system serving an average of
at least 25 people more than 60 days and/or having 15 or more service connections. This policy
is adopted to provide a standard conversion for calculating residential population served when
given information on number of bedrooms and/or service connections to determine whether a
water system is a public water system.
Policy
It is the policy of the Division when determining whether or not a residential facility for collection,
treatment,storage, or distribution of water constitutes a public water system as defined by 310 CMR 22.00,
to calculate the number of persons served by either multiplying the number of bedrooms by 2,or by
multiplying the number of service connections by 1.67. The PWS determination shall be based on the
higher population if both numbers can be calculated.
Date: 10-8-96
Adopted: 10-8-96
Effective: 10-8-96
Arleen O'Donnell,Assistant Commissioner
Bureau of Resource Protection
8811-1
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS
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